ANALYSIS: Right to Humane Treatment
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in a brawl with his wife. According to the jailer, the PDL was already transferred to the Bureau
of Jail Management and Penology (BJMP).
In an alleged “hulidap” case, police officers allegedly demanded Php1 million for the
release of a common-law couple who were also physically hurt -- the male partner was
hit/punched with a firearm at the back of the neck, and the female PDL claimed that she was
made to undress by the arresting officers at the police station; the female PDL said she is willing
to execute an affidavit to this effect upon their transfer to the BJMP. 108 Cases of this nature do
not usually find their way in police reports. Even the CHR receives only anonymous complaints or
reports of this nature. Though some are unsubstantiated, these are serious matters that should be
timely and judiciously addressed as this situation makes hulidap victims vulnerable to human rights
violations in the hands of erring law enforcers.
The authorities cannot invoke ignorance of the law pertaining to the proper handling and
treatment of persons arrested, detained or under investigation which they are presumed to know.
In this vein, it is incumbent upon the institutions concerned – the Philippine National Police and the
Commission on Human Rights, in particular, to provide men and women in the police sector the
necessary continuing capacity-building, such as training and orientation of police officers and
personnel along human rights norms and standard, including relevant new domestic legislation.
It is true that the CHR human rights training and education program has been in place for
more than two decades now, and that the NCRPO also has a laudable human rights programme
for the police sector in the NCR which is in full implementation. 109 But if we are to base on the
human rights situation in police lock-up cells as borne by the study, it appears that authorities still
lag in the actual practice and compliance with human rights standards, as well as faithful
observance of the rule of law. Paradigm shift towards human rights based policing, particularly
sensitivity to the humanity and dignity of PDL in temporary custody of police stations, has not yet
been fully realized. Hence, the need to further strengthen existing education and capacity
building programs on human rights and the rule of law which should consider a comprehensive
review as to substance and methodology in the implementation.
2. Discipline and Punishment
Discipline and punishment is a way of maintaining order in detention facilities. But the
manner by which it is carried out and/or by whom has to be within the parameters of the law and
human rights standards. It seems, however, that the acceptability to some extent, depends on the
hierarchical structure of Police Stations. Hence, some police stations appear vigilant in observing
proper measures while others observe it sometimes, and the rest do not altogether. It is more
appalling when authorities leave the imposition of discipline and punishment to detainees
themselves. This practice runs counter to Principle 30 of the Body of Principles and Standard
Minimum Rules on the Treatment of Prisoners.
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QCPD-Project 4 PS.
NCRPO Human Rights Training Program was discussed during the August 27, 2014 Conference on Human Rights
and the Rule of Law.
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